Gun Rights Restoration

Who is Eligible to Have Their Gun Rights Restored?

If you have lost your right to own or posses a firearm, most frequently due to a felony conviction, you may be able to have your gun rights restored through the courts if your other civil rights (voting, right to serve on a jury, right to hold public office) have been restored by the Governor. Va. Code § 18.2-308.2(C). If your other rights have been restored, this most likely did not restore your firearm rights. That will have to be accomplished through the courts.

What is the Process?

A person who has had their other civil rights restored by Governor can petition the Circuit Court in the County or City where they live to have their firearms rights restored. Federal law recognizes the restoration of gun rights granted by the states. There can be some complications, though. For instance, when federal law deprives someone of their gun rights, Virginia cannot restore them. A common area where this may occur is when one loses their right to own or posses a firearm due to a domestic violence conviction. It is federal law that does this, not state. Virginia cannot restore what it did not take, so there is no process to restore the gun rights lost due to a misdemeanor domestic violence conviction in Virginia.

If You Have Questions

If you have questions about restoring your gun rights, contact our office. Our attorneys, Farheena Siddiqui and Brian Szmak can talk about your specific situation and discuss your options.